The beginnings of legal studies in Bosnia and Herzegovina date back to 1946 when the Faculty of Law in Sarajevo was founded, as the first higher education institution in Sarajevo. Since then, Roman law was a obligatory subject in the first year of undergraduate studies at the Department of History of State and Law comprised of subjects: General history of state and law and National history of state and law. The curriculum for subject of Roman law was designed according to the curriculum of the same subject at the University of Zagreb, Belgrade and Ljubljana within the framework of the former Yugoslavia. The aim of this paper is to show the position and prospects of studying Roman law in Bosnia and Herzegovina, therefore providing contribution to the defining of new guidelines for the development of a common strategy for the future development of historical and legal disciplines.

Roman civil process- autograph from an unknown author found in the National Archive of Bosnia and Herzegovina

In the holdings of the Archive of Bosnia and Herzegovina in Sarajevo, in the department entitled „High education", in boxes 9 and 10 manuscripts of an unknown author have been found, which include materials from the lectures of Roman law, namely: Roman legal history (219 pages of the original text) and Roman civil process (120 pages). The text of the manuscript is written in cursive Gothic, which is the Latin letter of literary and documentary character which is shaped depending on the individual characteristics of writer with a system of abbreviation that has been very precisely developed in this letter. It is obvious to conclude that, with a common view, the texts are written by the same author, using the black ink, with no illustrations, drawings, sketches, even without any notes or documents on the sidelines, or in the text that would indicate the personality of the author. As part of found materials that are unprocessed and belong to scattered archives, original indexes of several law students from the Law faculty of Vienna have been found, clearly indicating that the Roman law /Roman history and institutions lecturer at the time was prof. dr. Karl Ritter von Czyhlarz. This distinctive personality was mentioned in 1882 as the director of the German club in Prague, his books and scripts of Roman law were printed from 1895 until 1933 and for a long period were valid textbooks of the Pandect Roman law, not only at the University of Vienna, but also in the region. The paper will assess a part of autographs related to the Roman civil proceedings, with a comparison with the modern textbooks of Roman law.

Prof. dr. sc. Marko Petrak

Doc.dr. sc. Tomislav Karlović, University of Zagreb, Croatia

Roman Legal Tradition in Croatia

The aim of this paper is to give an overview of the significance and influence of Roman legal tradition in the Croatian context. The first part of the paper shall present, in broad lines, the bimillenial presence of Roman law in the territory of the contemporary Republic of Croatia, with an overview of how Roman law has exerted its influence in the development and contents of different historical legal systems that were used in the Croatian territory in the Antiquity, Middle Ages and the Early Modern period. The second part of the paper will focus on the contemporary law of the Republic of Croatia and its Roman foundations. Special emphasis will be put on the re-emerging concepts of Roman law within the Croatian private law system after the fall of the totalitarian regime, as well as on the use of Roman regulae iuris in the contemporary Croatian judicature. The third part of the paper will briefly analyze the issue of legal education, i.e. the history and the present situation of the teaching of Roman law as part of the curriculum of Croatian law faculties.

In the opening part, authors will present basis of Roman criminal procedure which served as cornerstone for medieval statutory regulations in central Dalmatia. Regarding the fact that procedural law represents wide and complex matter, especially early roman criminal law which is still obscure and controversial issue, paper will examine only the framework and key principles posed in the Late Empire. Later, focus will be put on fundamentals of criminal process in autonomous communities in Dalmatia, keeping in mind to present the study of impact of Roman heritage on those legal resolutions.

Prof. Dr. Ivana Jaramaz Reskušić, University of Zagreb , Croatia

Late Republican Struggle Against Electoral Corruption: Cases of Murena and Plancius.

Based on Cicero's speeches Pro Murena and Pro Plancio, I will clarify the most important legal and rhetorical aspects of criminal court proceedings held in Rome - 63 BC and 54 BC - on charges of ambitus raised before the competent court. Accordingly, I will first show sustained - politically determined - fight of the Republican legislators against various (pre)electoral malfeasances in magistrates' assembly elections. I will focus on the content of the charges and the nature of the court and procedure, as well as on Cicero's art of persuasion. Thus, I will try to determine the then understanding of crimen ambitus and the political motivation of the prosecutor, defence and jurors in deciding.

Ass.Prof. Dr.Nikol Ziha , University of Osijek, Croatia

Roman law in modern legal curricula – necessity and a never-ending struggle

The aim of the following contribution is to highlight the relevance of Roman law in Croatian legal education, identify and analyse the challenges of legal curricula in transition, as well as ponder some preliminary solutions on how to ensure a vital role of a subject which serves as a backbone of legal education.

Through reforms of the legal system, after declaring its independence in 1991, Croatia started the process of returning to the civil law roots and European identity, it once was a part of. A particular significance in that process goes to legal education, especially Roman law which raised the cultural level of legal education and facilitated in the process of reintegration in the western European legal culture. Although the reform of legal studies through adoption of Bologna-process in 2005 showed many benefits in legal education, the focus on practical legal skills and active competences of students deemphasized the role of Roman law courses and legal history in general. This was, of course, not an isolated case in Croatia but a problem that has been recognized well ahead by distinguished scientists in the whole region (Petrak, Kranjc, Avramović).

Confronted with a constant marginalization of Roman law, instead of fighting directly "against the hurricane of positivist and pragmatic challenges" (Avramović), a more active and practical approach in the process of reforming the legal education is considered. Since the Croatian Qualifications Framework Act (2013) in Article 3 explicitly stated "preserving positive heritage of the Croatian educational tradition" as one of its main principles and objectives, the Faculty of Law in Osijek has launched a project ‘Iurisprudentia - Quality Improvement of Higher Legal Education at the Law Faculties in Osijek, Rijeka and Split' as a lead beneficiary, financed by the European social fund - Operational Programme "Human resources development". The survey that is, inter alia, carried out within this project will serve to determine the learning outcomes of Roman law that can provide the necessary key competences for a modern lawyer. The research results of this project, as well as results of a special survey conducted amongst alumni that will be presented in this paper, are aimed to build and maintain a bridge between the need of providing the students with an historical approach and insight into the broader dimensions and principles of law and the present labour market requirements of narrow specialisation.

Dr. Marko Sukačić , University of Osijek ,Croatia

Roman law in XXI century – why should it be in curriculum?

Roman law, as mandatory course at the first year at the faculty of law represent student's first contact with practical legal problems. Even though today it is seen as purely historical course, it is not necessarily the case. Since Roman jurist were practitioners, their solutions still represent valuable starting point in solving contemporary legal problems. Also, Roman legal tradition is so strong in Croatian legal system, that there are examples of contra legem application of Roman legal principles, such as hereditas iacens. The aim of this paper is to point out the importance of Roman law in legal studies, especially on the first year, with its problem solving nature. Also, the intention is to point out that Roman law still represent link between legal theory and practice, as can be seen on hereditas iacens.

Prof. Dra Vanessa Ponte, Universidad de Cordoba, España

Roman Law, transmitting knowledge online and the use of new technologies.

Roman Law is an eminent classical science. However, the use of new technologies developed in the 21st century provide us with many different possibilities. They could become an interesting and valuable

complement for both the online transmission of knowledge of Roman Law, as well as in aiding in the motivation of the student in his studies by increasing his curiosity and stimuli thanks to them using a medium that they already dominate.

Some parallels between intellectual property rights in Roman and contemporary law, with a special emphasis to copyright and trademarks

As its subject matter of analysis the paper covers intellectual property rights or their respective objects of protection, as they are legally treated in Roman and contemporary law. Starting from the assumption that Roman law did not know of an objectively approached regulation of intellectual property rights in today's sense, initially identified are the main approaches of Roman law to the legal protection of what today are considered as objects of protection of intellectual property rights. Further, the paper proceeds to identify the specific legal institutes which have probably been applied in relation to the legal protection of what is today considered as a copyright and a trademark. The authors conclude that the sources of Roman law give grounds to conclude that awareness and functional equivalents existed in ancient Rome when the legal protection of copyright and trademarks is concerned.

The origins and transformation of juridical knowledge in the sources of law was a long process in Rome. It took place throughout the whole history of the Roman state, starting with the pontiffs, under whose exclusive jurisdiction was this matter, over jurisprudents (Casuist), who were seeking the best solutions for specific cases, all the way to classical Roman jurists whose opinions at the time of the Dominate become an integral part of the Imperial commands and as such the main source of law. Therefore, not all periods in the development of the Roman state were suitable for the development, implementation and interpretation of the law. It is normal that the insufficient development of the overall socio-economic situation, the first period of the Roman Empire was not adaptable to the conditions of a developed society. However, the more organized Roman society was and as legal norms were more applied in judicial and other proceedings, the more occurred the need for the creation, interpretation and implementation of the law by recognized scientist and specialized expert on the law (lawyers). Therefore, when we talk about the periods in which the Roman law has developed to the point that it served as the foundation for the construction of modern law, we, first of all, think of the third and fourth period of the Roman law, precisely the right of the classical period, in which the Roman jurists laid the foundations of jurisprudence, and the right of post-classical period, in which all knowledge of classical Roman jurists was merged into a large codification, the Justinian codification. Precisely, knowledge of Roman law in these periods, its basic principles and postulates is a necessary prerequisite for understanding the principles of justice and equity, all of which, it seems, today we are distancing ourselves from.

The process of reception of Roman law, primarily doctrinal, and then normative, started very late in Serbia and was hampered by a number of reasons of the economic, political and human resources nature. Doctrinal formation of Roman legal institutions needed educated experts, who were yet to have been created. Similarly, establishment of private property as the dominant form of ownership, could only be done in an environment of the developed money-for-goods exchange. These conditions, essential for the reception of the Roman law, began to apply in the first half of the 19th century when Serbia started to struggle for liberation from the Ottoman Empire.

The beginnings of the Roman law study in Serbia are connected to the Lyceum in Belgrade which was the highest educational institution in Serbia in the 1838 to 1863 period. Turning point was the year 1842 when Jovan Sterija Popović, one of three law professors at the Lyceum, proposed to the Ministry of Education introduction of the Roman law course. However, tradition of deeper studies of Roman law in Serbia began in 1850 when Rajko Lešjanin came to Lyceum where he taught two courses: Justinian's Institutes and Shortened Justinian's Pandects. Lešjanin was the founder of the Serbian Romanistics because he wrote the first textbook on Roman law in Serbian which was named „The Institutions of Justinian's Roman Law".

After initial uncertainty and very brief absence of Roman law from the curriculum at our first Law school, mainly due to lack of connoisseurs on this rare and demanding discipline, soon no one even wondered whether Roman law was necessary as a subject. Hesitation was connected only to the name and basis it was to be studied. But foundations set by the Roman law founders in Serbia were so strong that Roman law became inevitable discipline first at the Lyceum, then at the High School in 1863, and finally at the Faculty of Law at the University of Belgrade, starting from 1905.

As.Dr. Milan Milutin, University of Novi sad, Serbia

How to Teach Roman Law - Seeking the Methods

Changes awaiting lecturers of the 21st century, including those of Roman law, are not only challenging, but rather dynamic and ever-evolving. Without attempting to diminish the significance and values of traditional ex cathedra lecturing, it is of utmost importance to be prepared to combine and accord lectures to modern technologies and make them susceptible to the generations raised under the influence of the internet, video games and other multimedia contents. Otherwise, loss of a battle against various forms of informal higher education is inevitable. What if video game generations are welcomed to the university through a video game on Roman state and law?

Ass.prof. Dr.Огњен Вујовић, University of Kosovska Mitrovica, Serbia

Furtum and plagium (the nature of relations between two violations)

What is necessary to make Roman law researches more attractive to today's generation? It seems that they may be as topical as the author is capable of providing certain incentives interpretation of problems nowadays through the antique examples. This requires the strong reliance on anthropology. Precisely these theoretical insights may offer new incentives to positive law experts. This is the only way to prove and justify universality of Roman law.

Each phenomenon should be studied from its source (from the beginning), as well as the institutions of Roman law. In regards to this matter, I will try to explain the connection between furtum and plagium.

Alexandar Арсић, University of Nish, Serbia

Furtum in Roman law

The study of Roman law at the beginning of the XXI century implies the necessity of reminding on occurring time of certain institutes of positive law, whose roots date all the way back to Roman law. The basic subject in this labor is delict of Roman law comparable to the modern offence of theft – furtum. The nature of the topic dictates the use of both chronological and comparative analysis of Roman private and Roman public law. Furthermore, attention is drawn to delicta publica (crimina) - those behaviors that are directed against public order. Moreover, we study more detailed one of the prohibited human behavior - furtum through certain periods of development of the Roman state. In the second part of the paper, the focus will be on legal remedies, starting with actio furti and other means of legal protection available to the victim. Emphasizing the impact of Roman law on contemporary law, this is not observed strictly from a historical point of view. There is a deeper issue at stake. It is important and also one of the goals in this labor to point out many similarities that furtum has with theft in positive law. In conclusion, this paper will discuss some of the ways in which Roman law still occurs in contemporary Serbian law with the necessary modifications characteristic for this domain, time and present occasions.

In one of the best pieces of Latin literature we find a slave who is proud of the fact that he can read (and eventually understand) the official inscriptions written with capitale letters. This is enough for him to feel as if he is an integral part of Roman society. But what about the contemporary student of Roman law? Does he need a knowledge of Latin to read Roman laws? And if so, which part of Latin?

In this paper I will question two preconceived opinions about knowing Latin for studying Roman laws: that one needs to know all the Latin of the classical authors (the philological prejudice); and that one doesn‘t need to know any Latin (the practical prejudice). My reflections are based on the experience I have in teaching future jursts to read Latin.

In 2015, only for four months was created the first in the Balkans, but according to our colleagues- also the first in the Central and Eastern Europe romanistic website. There is situated the first in Bulgaria and in the Balkans romanistic journal IUS ROMANUM. Till now are published three volumes, with more than 3,000 pages with the articles of foreign and Bulgarian scholars. The main idea of the site and the journal is to promote the Roman private and public law, but also the roman law tradition in the modern law. The site has a section dedicated on didactic materials- virtual library, programs etc. There is the place to organize the meetings of Circle of Roman law, to present its activities and by 2016 to organize the competition for resolving of cases of Roman private law.